LAWS(ALL)-2014-11-188

RAKESH PANDEY Vs. STATE OF U P

Decided On November 27, 2014
RAKESH PANDEY Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) This writ petition is directed against the order dated 06.01.2005 (Annexure-1 to the writ petition) passed in Revision No. 41 of 2003, by respondent no. 1, rejecting petitioner's revision against Excise Commissioner's order dated 07.04.2003.

(2.) The fact, in brief, giving rise to present dispute, as stated in the writ petition, are as under.

(3.) The settlement of country liquor licence in State of U.P. was governed by U.P. Settlement of Country Liquor Licence (Tender-cum-Auction) Rules, 1985 (hereinafter referred to as the 'Rules, 1985"). The Excise Commissioner fixed minimum guaranteed quota for the entire country liquor group of shops of Kanpur Nagar for excise year 1988-89 as 55,11,750 bulk litres. The minimum guaranteed quota/ quantity is defined under Rules 2(f) of Rules, 1985 and reads as under: